E107 Public Service and Political Activity: Understanding the Boundaries

Public employees and officials have the right to participate in political activity, but important restrictions apply when personal advocacy intersects with public employment and agency resources. In this episode, host Michelle Cannon connects with Lozano Smith attorneys Scott Cross and Gail Zurek to discuss how public employees and officials can distinguish between permissible private political activity and conduct performed in an official capacity. The conversation explores campaign activity during work and personal time, the use of agency facilities and resources, political forums and campaign materials, and the rules governing uniforms, agency logos, and equipment. The discussion also examines how public agencies may provide neutral information about ballot measures without engaging in advocacy, along with restrictions involving campaign solicitations, political benefits, and the Levine Act.

Show Notes & References

1:23 – Public employees and the right to participate in political activity

2:27 – Differentiating between personal (private) activities vs. official (public) activities

4:01 – Prohibited use of agency resources for campaign purposes (Government Code section 8314)

4:23 – Examples of agency resources

6:22 – The importance of where the political activity is taking place (public forums versus limited-public forums)

10:08 – Considerations around public agencies hosting political forums and remaining viewpoint neutral

12:00 – Distributing campaign materials on sidewalks in front of school grounds

14:59 – Prohibition on participation in campaign event while wearing their agency uniform (Government Code section 3206)

15:48 – Rules for teachers displaying campaign materials in the classroom

19:44 – Ballot measures on local agency issues